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What is a Tort Case, and What does it Involve in Connecticut?

In the State of Connecticut, tort cases involve legal proceedings that occur when an individual suffers injuries due to a civil wrong done by another individual or entity. In tort cases, the claimants seek compensation in the form of monetary damages for any injury suffered. The Superior Court of the Connecticut Judicial Branch has jurisdiction over tort cases. Typically, interested persons can file a tort claim in the Superior Court located in the county where the incident happened.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Connecticut Tort Law?

Tort law in Connecticut covers the process of cases that arise from civil wrongs. Tort law also provides the basis used by the court to determine if persons should be legally held accountable for injuries they cause a claimant. Generally, Title 52 and Title 38a of the state’s General Statutes covers the scope of Connecticut tort law. Information concerning domestic tort cases can be accessed on the court’s law library site.

Under the state’s tort law, personal injury lawsuits must be filed by persons within two years from the time the incident happened. For claims against a government entity, the law requires claimants to notify the entity of their plan to sue within six months from the injury incident.

The state has a comparative fault law that decreases damages or removes them if the claimant has some fault in the incident that resulted in their injury. The level of blame determines the reduction of the damages awarded. If the claimant has fifty percent or more of the blame, the court will not award any damages.

Generally, there is no limit to the damages a claimant can seek as compensation in a tort case.

What Kinds of Cases are Covered by Tort Law in Connecticut?

The kinds of cases that Connecticut tort law covers include:

  • Injuries that arise from a car accident
  • Negligence cases such as professional malpractice
  • Claims against government entities
  • Domestic or family cases
  • Product liability

What are the Differences Between Criminal Law and Tort Law in Connecticut?

In Connecticut, criminal law is contained in the state’s Penal Code, and the Civil Actions code covers the scope of tort law. Criminal law aims to punish persons that commit a crime, while tort law focuses on compensating victims of civil wrongs. The Penal Code also contains the penalties for crimes with which the court passes sentences, but the compensation for torts depends on the extent of damages the victim suffers.

Criminal law imposes incarceration as a punishment for crimes, but this is not applicable in a tort case. The common remedy in tort cases is the monetary compensation that victims receive.

Crimes are usually intentional wrongdoings that require the government to stand as prosecutors in criminal cases. Torts occur mostly as a result of negligence on the part of an individual or a business.

What is the Purpose of Tort Law in Connecticut?

In Connecticut, the fundamental purpose of tort law is to compensate persons that have suffered personal injuries of any form as a result of private wrongs. It ensures that the wrongdoers are legally held responsible for their actions and serves as a deterrent from future torts.

What is a Tort Claim in Connecticut?

Under the state laws, a tort claim in Connecticut is the process of filing a legal action following an injury or any damage caused by a party. Usually, tort claims involve some adequate amount of monetary damages awarded to a victim. Aggrieved persons can file a tort claim in a Superior Court. However, tort claims against the state are filed with the Claims Commissioner.

How Do You File a Tort Claim in Connecticut?

Interested persons can file a tort claim in Connecticut by visiting the Superior Court in the county that the incident occurred. Claimants can get the Notice of Claim form from the Clerk of Court and complete it with the necessary information. Claims against the state are brought before the Connecticut Office of the Claims Commissioner. Claimants are to complete the Notice of Claim form with their details and append their signature. The claimant also includes an account of the claim, a detailed description of the incident, and the number of damages they are suing for. For $5000 claims or below, the claimants pay a filing fee of $25. Claims higher than $5000 attracts a filing fee of $50.

What Does a Tort Claim Contain in Connecticut?

The information included in a Connecticut tort claim are:

  • The name and address of the person filing a claim
  • The signature of the claimant and their attorney (who must be eligible to practice in the state)
  • A non-ambiguous statement of the claim that contains the location, time, and date of the incident
  • A tort claim against the state should include the state agency and concise allegations explaining its faults
  • The number of monetary damages requested

What Happens after a Tort Claim is Filed in Connecticut?

After filing a tort claim in Connecticut with the Claims Commissioner, the Attorney General’s Office receives the Notice of Claim. The AGO files appearance and a position statement. Both parties engage in discovery, and differences that arise are received by the Claims Commissioner for resolution. The AGO files a dispositive motion, and a hearing will hold for claims that surpass $5000. The commission can resolve claims of $5000 or less on paper.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Personal injury lawyers have experience in tort cases and can assist individuals who wish to file a tort claim. The knowledge attorneys have in the state’s tort laws can prove useful to file tort claims correctly. Lawyers can also represent claimants in hearings and negotiate fair settlements for them.

How Can I Find a Personal Injury Lawyer Near Me?

The Connecticut Judicial Branch site provides resources that help parties connect with attorneys on its Legal Clinics and Help page. Interested persons can also find a personal injury lawyer using the New Haven County Bar Association Lawyer Referral Service.

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